What action can be brought against a veterinary surgeon who forges a?
Many different claims may be brought against the individual and the hospital. It matters that the individual was pretending to be a licensed physician when not. It really does matter whether he or she was a veterinary, professional poker poker player, a circus clown or anything else. Quite clearly you would have a standard claim for malpractice against the individual and the hospital for substandard care. You would have a claim for battery in that your consent to be touched was procured through misrepresentation. You would have a claim for intentional and negligent infliction of emotional distress. You would have a claim for fraud and misrepresentation, possibly against the hospital as well, since they had a duty to investigate the qualifications of the individual. Your various claims well fall out of of the limitations on damages for malpractice claims if you are in California, as the individual is not a physician and not entitled to the protective covenants of the law. This kind of claim could well give rise to very significant pain and suffering damages including mental distress as well as punitive damages for the intentional actions of the individual and reckless actions of the hospital. There are likely many other possible theories of claim that would apply to this fact situation. Your question would likely make a good state bar essay test question on the subject of torts. If this is an actual situation, remember that your claim is governed by a statute of limitations depending on what state you are in. You are well advised to consult an experienced medical malpractice attorney. This is not offered or intended as legal advice. Good luck. Peter